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Written by Ozara Lawyers
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Monday, 15 March 2010 19:51 |
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Q.
I have a debt with the Hacienda and others and want to know if
I can make myself bankrupt to avoid the accumulating interest
on the amount owed ?
A.
Yes you can but there are two different set of circumstances, one
you can enact if you have not left the matter for too long and are
in a position to negotiate payment terms with your creditors but
this may not be an option if you have left the debts outstanding
for a great length of time. Normally if the debts are for more than
say a year the creditors will have already started legal proceedings
or other disciplinary procedures and will not enter in to
negotiations.
The other possibility is to declare your self insolvent through
the courts but unless your creditors start the matter you will have
to have sufficient funds to pay the legal fees something which
often people overlook and so have to wait until proceedings are
initiated against them by a creditor and depending on
cricumstances some legal assistance may be provided free.
Q.
I wrote a will and the notary said that I could not cut out 2 of my
4 children is this right ? What can I do about it now ?
A.
No, the laws of succession that will apply to you will depend on
your nationality and I assume that you have UK nationality which
means that you are bestowed the special right of not having to
apply the Spanish laws of succession.
Under UK laws you can write your will however you wish
and so provided the will is prepared carefully to make it clear
what should be carried out you should not have any problems.
You can solve this issue by revoking the exisitng will by drawing
up a new will.
Q.
I have a neighbour who built an extension against the rules of the
community what can I do ?
A.
The rules governing extensions and changes to property are
based on various elements. There is the local element which is the
immediate community that if composed of a community of
residents will have a set of rules to follow in respect of this matter.
Breach of these rules in itself does not carry an immediate effect
but if it is a serious violation that also breaches municipal rules
then the community would be able to present a denuncia and
subsequent demand to either rectify the matter or proceed to
court where a judge would normally give all possible support to
the community if the law can substantiate any sentence given.
That is to say the court will go in favour of the community
provided that the laws either municipal, regional or national
agree. The first step would be to try to acheive a resolution at
community level by presenting a formal complaint in legal
format that if it does not achieve a agreed solution could later be
relied on in court if required.
Q.
I want to make a will to my grandson but not my children is this
possible ?
A.
The matter of wills and what freedom someone has over the choice
of how to designate their estate will conform with the Spanish law
which in the case of foreign nationals will confer the right to act in
accordance with their own national law so for UK nationals that
means you can skip a generation or leave someone out of your will
as you wish so you should have no problem provided the will is
carefully prepared to ensure your wishes are respected.
Q.
I have received DLA in the UK should I still receive it here in Spain
A.
Basically the answer is yes provided that you have initiated your
claim and been succesfully receiving it in the UK before your
arrival in Spain. There has been speculation about the possibility
of being able to initiate the claim in Spain but so far nothing has
changed. In respect of other benefits it is a wide and varied
subject which at the moment is a matter that has been recently
referred to the European Parliament for question.
Q.
The winter fuel allowance - should I still receive it ?
A.
YES ! a very resounding YES and in fact I am amazed to see a
recent press article where a UK MP has in fact suggested that this
should be changed. For this reason I would urge all readers to
make sure that not only they are receiving it but that they also
register their concern about suggestions of withdrawal by
contacting their UK MP and pointing out that not only have they
paid in to the system for years to receive such grants/benefits
buts additionally EU nationals arriving in the UK get it without
question and further more it a right which should be protected
since under EU legislation a citizen should not be prejudiced
when moving between states in respect of a benefit entitlement
already awarded. The practical aspect is that regardless of where
in the EU someone lives they will experience extreme weather
conditions that for retirees sometimes results in their not being
able to pay for an adequate amount of fuel.
In order not to have more cases of UK retirees literally freezing
to death this is an essential benefit. Be aware that freezing to
death can occur anywherein Europe since no part of Europe is
exempt from extreme weather. |
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Written by Moneycorp
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Monday, 15 March 2010 19:54 |
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Poor economic statistics and unhelpful comments rain down
on sterling. Investors take the view that something will turn
up for Greece. Sterling proved to be slightly less fireproof than
it had been the previous week, losing the half- cent between
€1.11 and €1.1050. The low came at €1.0950 on Wednesday
and sterling was staring at that same level as things got
under way in London this morning.
In a dull week for hard data the British economy did not
have a whole lot to say for itself and what it did manage to
scrabble together was not particularly edifying. Two house
price indices, one from the Royal Institute of Chartered
Surveyors and the other from estate agents' website
Rightmove, damned the property market with faint praise.
The RCIS house price balance, which compares the number
of members reporting higher prices with those reporting
lower ones, fell from 32% to 17%; still positive but more
reservedly so. Rightmove's index of asking prices went up by
0.1%; positive buy only by a technicality. UK industrial
production figures were a bigger disappointment and took
sterling to the lows of the week. Production (manufacturing,
mining and energy lumped together) fell by -0.4% in
January. Manufacturing alone was down by -0.9%. January's
trade deficit was £8 billion, the biggest since August 2008.
Between August '08 and January '10 Sterling's tradeweighted
value became 23% weaker yet imports were up
and exports were down. The significantly more competitive
currency is still not having any positive effect on the balance
of trade. Sterling also had to contend with unhelpful
comments from several quarters. Credit ratings agency Fitch
was 'uncomfortable with the fiscal adjustment path set out
by UK authorities' and looked for 'more credible and stronger
fiscal consolidation plans during 2010. Credit Suisse
anticipated that UK banks, collectively, would have to reduce
their balance sheets by more than
£500 billion over the next three or
four years in order to meet new
regulations. The prime minister
reassured investors that Britain's
AAA credit rating was solid but not
all of them were convinced,
especially the researchers at
UniCredit Bank who predicted that
the government would have
problems selling all the bonds they
need to shift to finance the budget
deficit. Euroland was just as starved as Britain when it came
to useful statistical guidance. Investor confidence improved
from -8.2 to -7.5 but the figure was still negative. It was only
really euro zone industrial production that counted for
anything. The +1.7% increase in January was way better
than Britain's anaemic performance, even if it did only
represent a +1.7% improvement over the same month last
year. More salutary than that were Germany's trade figures.
In the same month that the UK made an £8 billion loss,
Germany turned a profit of almost the same amount. It did
so despite what the authorities in Berlin and Paris describe
as an overvalued euro.
Underlying everything to do with the euro was still the
co-ordinated (or not) bailout programme for Greece. Another
week went by without any sign of final sign-off for the €25
billion (or thereabouts) mix of loans and guarantees that the
Greek prime minister spent half the week travelling the world
to engineer. As things presently stand there are several
schools of thought. One believes that Greece will be able to
work its own salvation, if only because it must. Another has
it that Germany and France will eventually get off their high
horse and put their hands in their pockets. Yet another
argument is that, with or without Germany's co-operation,
Brussels cannot afford to see the economy of a euro member
crumble for lack of cash. The market's point of view, for the
moment at least, is Micawberesque; 'something will turn up'.
Investors are not sweating too much as long as nothing
explodes.
Sterling surprised many with another refusal to lie down
last week despite a string of potentially damaging
developments and data. However, as long as the opinion
polls continue to indicate a hung parliament investors will
continue to fear that even after a general election Britain's
government will be unable or
unwilling to tackle the budget gap.
Buyers of the euro should hedge
50% of what they will need. If the
money is required in the near future
they should consider covering the
whole amount.
For further information about
Moneycorp and it’s services please
contact the local Costa Blanca office
of Moneycorp on 902887243 and
quote The CoastRider. |
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Last Updated on Monday, 15 March 2010 19:55 |
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Written by Ian Clack
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Monday, 15 March 2010 19:49 |
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I moved to Murcia region nearly 6
years ago, primarily for my wifes
health. I had been an IFA in England
for over 20 years previously, and
have seen a few of the turbulent
financial occasions which have
marked the World’s economy.
Again, this is with us, but this time,
it is on global scale unseen for nearly
70 years. A friend of mine, who used
to be a bank manager in England,
told me that when the Sub-prime
market collapsed in the USA, it was
because of poor bank lending. One
case in particular, was a $1million
loan given to a person with limited
income, assets of a trailer home and
no other security. He was going to
buy real estate and then rent it out
to service the loan repayments. Of
course this did not happen and the
bank foreclosed with little or no way
of recovering their money. This is
just one instance of how the US
Subprime market caused the start of
the Global Financial collapse. The
loans were securitised by the
lending banks and sold to other
world banks as an investment!! We
now see how these “investments”
became virtually worthless and the
supposed profits soon became
billion $ debts, leading to Bank
collapses around the World. Who
would have thought some years ago
that respected UK High Street banks
and Building Societies would need
Government support to stop them
going under and leaving depositors
with limited cover for their money.
Spanish banks have been spared
mostly by these problems, but not
all, however they have their own
problems, mainly the construction
Industry. It is reported that
approximately one million new built
homes are for sale throughout
Spain. If you link this to three
quarter million resale homes, you
can see the vast problem. Most
banks have lent heavily to the
promoters/constructors and they
themselves are now repossessing
development sites and becoming
possibly the largest real estate
agents in Spain.
The lower interest rates both sterling
and euro, coupled with lower
inflation makes for challenging
times ahead. As with all crisis this no
doubt will improve, but it could take
at least 2-3 years before we see real
improvement to possibly, levels
nearer what we have been used too.
Whilst this is taking place, people
are needing to invest for the future,
whether it be for income or growth.
Structured products have a place in
a portfolio and these can be tailored
to the clients needs. They can have
guarantees of capital with returns
linked to world stockmarkets. Also
some provide guaranteed income
with reasonable capital guarantees.
Most of these require you to commit
your investment for at least 3 years
and up to 6 years. However the
returns can prove attractive with
yields some percentage points
above deposit accounts. Naturally
everyone should have some capital
with easy access and this is needed
for the unexpected moments, which
I am sure, comes to us all.
We try to give our clients a balanced
portfolio linked to a tax efficient Life
Wrapper, for the medium to long
term. The assets can be changed as
time dictates as most clients have
changing circumstances, which is
only natural in this, also changing
world.
I would welcome enquiries, as I
would give you a personal
assessment, by appointment, in your
own home. You can contact me at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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